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Public Health Act 1997
120Emergency actions and directions
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120 Emergency actions and directions
(1) While an emergency declaration is in force, the chief health officer
may take any action, or give any direction, the chief health officer
considers to be necessary or desirable to alleviate the emergency
specified in the declaration, including actions or directions in relation
to any of the following:
(a) the reduction, removal or destruction of any threat to public
health;
(b) the segregation or isolation of any person in an area;
(c) the evacuation of any person from an area;
(d) the prevention or permission of access to an area;
(e) the control of the movement of any vehicle;
(f) the occupier of property, in or near any area to which the
emergency relates, placing the property under the control, or at
the disposal, of the chief health officer.
(2) For the purposes of subsection (1), the directions the chief health
officer may give to a person include the following:
(a) that the person undergo a medical examination, either of a
general nature or of a particular type, as specified in the
direction, within a specified time;
(b) that the person immediately or within a specified time move
away from or to a specified area, or remain in a specified area
for a specified time, while the emergency remains in force;
(c) that the person immediately or within a specified time surrender
any substance or thing in the person’s possession or control to
an authorised person within the meaning of section 121;
(d) that the person immediately or within a specified time destroy,
or modify in a specified manner, a thing or substance in the
person’s possession or control;
(e) that the person take any other specified action, or cease
undertaking any specified action, if the chief health officer
considers such action or cessation to be necessary or desirable.
(3) A direction given for the purposes of subsection (1) takes effect
immediately after it is given, unless otherwise directed.
(4) A person must not, without reasonable excuse, fail to comply with a
direction under this section.
(5) A direction for the purposes of subsection (1) (other than
subsection (1) (f)) may be given orally or in writing.
(6) A direction for the purposes of subsection (1) (f) must be given in
writing.
(7) The chief health officer must make a signed written record of all
action taken, and of each direction given, for the purposes of
(8) In the prosecution of a person under subsection (4) for the failure of
the person to comply with a direction, a record of the direction made
by the chief health officer under subsection (7) is evidence that the
direction was given, of the matters referred to in the record and of the
facts on which those matters were based.